2025:CGHC:58805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3673 of 2025 

Sheetal Subhas Pal S/o Narayan Pal, Aged About 64 Years R/o H.No. 1055, Ravigram, Telibandha, Raipur, District Raipur (C.G.)

... Petitioner(s)

versus 

State Of Chhattisgarh Through The Station House Officer, Police Station New Rajendra Nagar, District Raipur (C.G.)

---- Respondent For Petitioner : Ms. Divya Sahu, on behalf of Mr. Rajeev kumar Dubey, Advocate For State : Mr. Laxmeen Kashyap, P.L.

Hon’ble Shri Arvind Kumar Verma, Judge

Order on Board

04/12/2025

1. This petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, has been filed by the petitioner against the order dated Digitally signed by JYOTI JHA Date:

2025.12.04 25.08.2025 passed by learned Special Judge (NDPS Act), Raipur

13:50:45 +0530 District Raipur (C.G.) in Special Criminal Case No. 104/2025, whereby the application of the applicant for release of Vehicle Kia Seltos car bearing registration No. CG-04-MV-1022 on Supurdnama/interim custody, has been rejected.

2. The case of the prosecution in brief is that on 17.05.2025, the police of police station- New Rajendra Nagar, District Raipur, acting on the information received from an informant, conducted proceedings under the mandatory provisions of the NDPS Act. At the place of incident, near Ramrama Residency, Mahaveer Nagar, Raipur, the accused Siddharth Pandey, along with his two associates/co- accused Shubhank Pal and Sagar Peter, was found roaming in car bearing registration No. CG-04-MV-1022 and selling narcotic substances. Upon lawful action. 2.670 grams of cocaine was seized from the possession of accused Siddharth Pandey, 3.160 grams of cocaine was seized from co-accused Shubhank Pal and 1.620 grams of cocaine was seized from co-accused Sagar Peter. Further, in his memorandum statement, accused Siddharth Pandey stated that the seized cocaine had been purchased from accused Soumya Chakravarti by contacting him on mobile number 7058433663. Acting on this information, accused Soumya Chakravarti was apprehended, interrogated and her memorandum statement was recorded, in which she admitted supplying cocaine Siddharth Pandey. Consequently, the said accused Soumya Chakravarti was also arrested. Thus, offences under Sections 21 and 22 of the NDPS Act were registered against the accused persons and a charge-sheet has been filed. the police seized the vehicle Kia car bearing registration No. CG-04-MV-1022 and the mobile phones seized from the possession of the accused persons Shubhank Pal and Siddharth Pandey, namely (i) iPhone 13 Pro Max having IMEI Nos. 352990486192873 and 352990486556588, and (ii) iPhone 16 having IMEI No.

358245258624245. Being registered owner of the seized vehicle Kia car bearing registration No. CG-04-MV-1022, the present applicant filed application for release the vehicle in Supurdnama, but the learned Trial Court rejected the same on the ground that the accused persons used the seized mobile phones and the vehicle for purchasing and selling the narcotic substance cocaine, for contacting co-accused persons and for transporting cocaine by keeping it in the vehicle and roaming around to sell it. Therefore, the above-mentioned mobile phones and vehicle have been seized, which are subject matter of evidence. The provisions relating to confiscation of seized property are contained in Sections 60 and 63. As per the provisions of Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, confiscation proceedings can be undertaken for the seized property/vehicle, which must be conducted in accordance with the provisions given under Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In such circumstances, it does not appear justified to release the seized vehicle-Kia car bearing registration No. CG-04/MV-1022-to the applicant Sheetal Subhash Pal. Hence this petition.

3. Learned Counsel for the Petitioner contended that trial Court has committed an error by rejecting the application of p